How long do you have to file a motorcycle accident claim in Westlake Village?
Most motorcycle accident claims in Westlake Village must be filed within two years from the date of injury. California Code of Civil Procedure § 335.1 sets this two-year deadline. If a public entity like the City of Westlake Village or Los Angeles County is involved, you have a much shorter deadline: six months from the date of injury to present a written claim under California Government Code § 911.2.
The time limit to file a claim starts from the date your injury occurred. Missing this deadline means you lose your right to pursue compensation. California law allows recovery for medical costs, lost earnings, and non-economic harm if you act within these deadlines.
What is the deadline for Westlake Village motorcycle accident cases?
For most personal injury and wrongful death claims stemming from a motorcycle accident, the lawsuit must be filed within two years. California Code of Civil Procedure § 335.1 provides this two-year period. This applies to claims against private individuals or companies.
However, if your accident involved a government vehicle, a public road hazard, or any other public entity, you must present a claim directly to that entity within six months of the injury date. California Government Code § 911.2 establishes this strict six-month notice requirement. After the public entity responds, you typically have six months to file a lawsuit from the date of their written rejection notice. If they do not respond, you usually have two years from the date of the incident.
The deadline is generally paused while an injured person is a minor (CCP § 352). However, that pause does not apply to claims against public entities. A minor injured by a public entity still faces the six-month government claim deadline.
What should you do after a motorcycle crash?
- Ensure safety and seek medical attention: Move yourself and your motorcycle to a safe location if possible. Even if you feel fine, call 911 or visit an urgent care clinic. Some injuries, like those that affect the brain, may not show symptoms immediately. Prompt medical care helps your recovery and creates an official record of your injuries.
- Report the accident: Call the Westlake Village Police Department or the California Highway Patrol to the scene to file an official accident report. This report documents the scene, identifies parties involved, and may include witness statements.
- Exchange information: Get the other driver's name, contact information, insurance details, and license plate number. Also, get contact information from any witnesses.
- Document the scene: Use your phone to take photos and videos of the accident scene, vehicle damage, road conditions, traffic signals, and any visible injuries.
- Do not admit fault: Avoid discussing fault with anyone at the scene or with insurance adjusters. Any statements you make could be used against you later.
- Consult a lawyer: Before speaking with insurance companies or signing any documents, talk to a lawyer. A Westlake Village motorcycle accident lawyer can explain your rights and protect your claim. For help after a motorcycle crash, call 888-585-2529.
Where do you file a motorcycle accident claim from Westlake Village?
Motorcycle accident claims originating from incidents in Westlake Village are generally filed in the Superior Court of California, County of Los Angeles. Under Los Angeles Superior Court Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024, a personal injury case is filed in the judicial district where the incident occurred.
For Westlake Village, which is within the Northwest District of Los Angeles County, your claim would likely be assigned to that district's Personal Injury Hub department. The courthouse for the Northwest District is the Van Nuys Courthouse East, located at 6230 Sylmar Ave, Van Nuys, CA 91401.
What kinds of motorcycle accident cases does Casa Legal Los Angeles handle?
Casa Legal Los Angeles represents individuals who have been hurt in motorcycle accidents due to someone else's carelessness. This includes crashes caused by distracted drivers, drivers who fail to see motorcycles, unsafe lane changes, or drivers who disregard traffic laws. We also assist those injured because of dangerous road conditions maintained by public entities, which would trigger the six-month government claim deadline discussed above.
A motorcycle accident can lead to severe injuries, from traumatic brain injuries to catastrophic injuries. Our firm also assists victims of car accidents in Westlake Village. We pursue the full compensation available under California law for medical bills, lost wages, and non-economic harm like pain and suffering. Whether you were in Maywood, Pomona, or Westlake Village, we protect your rights after a crash.
What is it like to work with Casa Legal Los Angeles?
Working with Casa Legal Los Angeles means having an advocate on your side who understands the legal process after a motorcycle crash. We manage all communication with insurance companies, gather evidence, consult with accident reconstruction specialists, and prepare your case for settlement or trial. Our team works to maximize your compensation so you can focus on your recovery. This firm handles motorcycle accident claims throughout Los Angeles County, including in Agoura Hills and Alhambra.
Personal injury and employment law is all we do. We handle the paperwork, deadlines, and negotiations involved in your case. Our goal is to recover the compensation you deserve for your injuries and losses. This general information is not legal advice, and it creates no attorney-client relationship.
Frequently Asked Questions
What if the at-fault driver has no insurance?
If the driver who caused your Westlake Village motorcycle accident does not have insurance, your own uninsured motorist (UM) coverage can provide compensation. This coverage is designed to protect you in situations where the at-fault driver is uninsured or underinsured, covering your medical expenses and other damages.
How does California's comparative negligence rule affect my claim?
California follows a "pure comparative negligence" rule. This means if you were partly at fault for the motorcycle accident, your compensation will be reduced by your percentage of fault. For example, if you are found 20% responsible for the accident, your total damages award will be reduced by 20%. This rule allows you to recover damages even if you are mostly at fault.
What damages can I claim after a motorcycle accident?
After a motorcycle accident in Westlake Village, you can claim economic damages for specific financial losses, such as medical bills, lost wages, and property damage to your motorcycle. You can also claim non-economic damages for subjective losses like pain and suffering, emotional distress, and loss of enjoyment of life. The value of your claim depends on the specific facts of your case.
Do I have to go to court for my motorcycle accident claim?
Many motorcycle accident claims settle out of court through negotiations with the insurance company. However, if a fair settlement cannot be reached, filing a lawsuit in the Los Angeles Superior Court and proceeding to trial may be necessary to pursue the compensation you deserve. We prepare every case as if it will go to trial to strengthen our negotiating position.
After a motorcycle accident in Westlake Village, you have limited time to act. Call Casa Legal Los Angeles at 888-585-2529 for a free case review. No attorney's fees or case costs unless we win.